Legal Question in Criminal Law in Florida

a friend of my sons ws pulled over at my sons house and his id was in my sons house, when my son saw the police outside he walked out to see what was happening. he went into his house to retrieve his friends id, the police officer follwed without any legal reasoning. the officer said he smell mariuana from the house, and pushed in the door to investigate. would this be considered illegal search and seizure. i ask because that smell he uses as a reason should have also been smelled on my son and a search was not prefomed on him. Also what would be the legal arguement of the officer following a person who has no involement with his friend being pulled over


Asked on 6/22/12, 8:20 am

2 Answers from Attorneys
Jimmie David Gentle Longwell & Gentle, P.A.

They are several issues that need to be examined, but your son definitely needs a skilled aggressive criminal defense attorney in his area. The smell of cannabis can be used for a law enforcement officer to continue an investigation to see if a crime has or is being committed. However, there seems to be more than meets the eye here. Contact an attorney immediately, and have them review the discovery for your son.

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Answered on 6/22/12, 8:30 am
Burt Stutchin Harris & Stutchin

The smell of marijuana may provide probable cause to obtain a warrant to enter the house, but in the absence of voluntary consent from the homeowner or other authorized occupant, the officer's entry was illegal. A motion to suppress should be brought before the court.

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Answered on 6/22/12, 8:41 am


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